Ginsburg’s death could doom health care law, cement environmental rollbacks, imperil right to abortion

Ginsburg's death could doom health care law, cement environmental rollbacks, imperil right to abortion

Image from Shutterstock.com. Environmental regulations, the right to abortion and the Affordable Care Act are all in danger if President Donald Trump’s next nominee to the U.S. Supreme Court is confirmed. Those are among the implications of a 6-3 conservative majority on the Supreme Court, according to Cass R. Sunstein, a professor at Harvard Law School who wrote an op-ed for the Boston Globe. Sunstein pointed to these likely changes: • A Supreme Court decision holding that the Environmental Protection Agency has the power to regulate greenhouse gases could be overruled with a new justice on the high court, according to Sunstein and Michael Gerrard, a professor at Columbia Law School who spoke with the Washington Post . The Washington Post identified the decision as Massachusetts v. EPA . The only remaining justice in the majority in that case is Justice Stephen G. Breyer. At the very least, Sunstein said, the Supreme Court would likely restrict EPA authority to control air and water pollution. • The Roe v. Wade decision establishing a right to abortion would probably be overruled. “Indeed, some members of the court would likely argue that the Constitution forbids states from allowing abortion,” Sunstein said. Even before Ginsburg’s death, abortion rights were in doubt, Bloomberg Law reports. Chief Justice John G. Roberts Jr. provided a fifth vote in June to strike down a Louisiana law requiring doctors at abortion clinics to have admitting privileges at nearby hospitals, but his opinion hinted that he might support other […]

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